Case details

Pedestrian struck in crosswalk claimed driver negligent for turn




Mediated Settlement

Result type

Not present

fracture, knee, tibial plateau
On Dec. 30, 2010, at approximately 2:45 p.m., plaintiff Norma Burns, 88, a retired school administrator, was crossing Neilson Way on the south side of Ocean Park Boulevard when she was struck by a vehicle operated by Ronald Evitts. Evitts was completing a left hand turn from westbound Ocean Park Boulevard onto southbound Neilson Way when he struck Burns, who sustained a left knee fracture. Burns sued Evitts; his company, Ronald Evitts Architect, LLC; and the believed owner of the vehicle, PV Holding Corp., which was doing business as Avis Budget Car Rental LLC. She alleged that Evitts was negligent in the operation of her vehicle, and that Ronald Evitts Architect and PV Holding were vicariously liable for his actions. It was ultimately determined that PV Holding was not the owner of Evitts’ vehicle, so it was dismissed from the case. Thus, the matter continued against Evitts and his company only. Burns claimed that she was crossing Neilson Way within a cross-walk, while she had a pedestrian “walk” light. Thus, she claimed that Evitts made unsafe left turn and failed to yield the right of way to a pedestrian crossing within a crosswalk with a pedestrian “walk” sign. The defendants conceded liability., Burns was taken by ambulance from the scene of the accident and brought to a hospital. She sustained a tibial plateau fracture of her left knee, which was initially placed in an immobilizer. Thereafter, Burns’ knee was placed in a cast brace. Thus, Burns sought recovery of damages, including her minimal past medical costs and pain and suffering.
Superior Court of Los Angeles County, Santa Monica, CA

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